St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-02


THIS LAW FURTHER PROVIDED
that no corporation, more than 20 per cent.
of which was held by foreign parties,
should hold or acquire any lands in the
territories or districts. 1t also restricted
home corporations to an ownership of 500
acres and railroad or turnpike companies to
only such lands as were needed for the
purpose of operating the same. The
attorney general was required to prosecute
violations of this law. and all lands held in
violation of the act were to be forfeited or
escheat to the United States. Since the
passage Of this act various foreign syndi-
Gates which had contracted for the pur-
chase OF mining property, ranches and
other tracts of land in territories, as well as
american citizens who have sent agents
abroad to effect such sales, have been much
agitated over these inhibitory provisions.
AS consequence they have, through their
attorneys. sought to obtain from the depart
ment Of statesa
sCHEDULE. OF EXISTING TREATIES,
II any. with foreign nations wherein the
,righttO SO acquire or. hold property was
recognized. The. authorities at the state
departinent have been looking into this
question, and in reply to a letter recently
addressed TO Secretary Bayard, that official
replied to-day as follows:
Department of State, Washington, March
81, 1887. Sir: In reply to your letter of the
sSS8th inst. have to say that all the treaties of
The United States with foreign powers are
pnpAshssd IN the statntes at large and that the
constFuotion and endorsement of the act in
question belongs to the Judicial branch of the
'goyernmeut. It is not regarded as within the
peoviace Of this department. TO give an opin-
ION ia advance as 70. what persons may be af-
fected by the provisions Of the act. If, how
whether PARTICULAR treaty remains in force,
the department would give advice on that
question. an, sir your obedient servant,
,sts (. ssa-s - q S,sSssg Z. f. BAYARD.
= ~. - CAREFUL EXAMINATION
of treaties thus far has not been able to
find enc that recognizes the right of aliens
TO acquire and hold, except by devise OF in
herItanee, real estate In the United States
and then only for limited period just
before the close of the Arthur administra-
ton Secretary Frelinghuysen concluded
treaty with the Belgian minister in which
certain property in New York city was per-
mitted to be acquired for consular purposes.
This treaty was not submitted to the senate
and when the present administration came
into power 1t Inherited this treaty. Assist
ant Secretary Porter, upon examination,
found that the laws. of the state of New
YORK forbade such acquisition, and, while
treaty to that effect would have been
paramountt to the New York law, he was
unwilling to send treaty to the senate
which sought to abrogate state law and
INVADE STATE SOVEREIGNTY.
He reported against it, and his views
We're sustained by Secretary Bayard and
the president. France had treaty with
the United States in colonial days which
conceded mutually the right of citizens to
hold property in each others country, but
there was stipulation in this treaty that
the United States would use its influence
with the states to permit French subjects to
hold and acquire such property The state
department has sent out circulars TO this
effect, but thus far no answer has been re-
ceived and the treaty is regarded as obso-
lete. 1t will, therefore. appear that the ex-
emptiOn contained in the act to which
reference has been made really has no
effect, since no such treaties have been dis
covered which recognize the right of aliens
to hold land in this country, and therefore
the agents of the syndicate now engaged in
selling land abroad cannot give valid title
to any land that they seek to dispose of.
There are many sales of mining properties
IN the territories now pending with foreign
syndicates, and if our government has not
treaty arrangements with the government
of the aiieases the@ssales must fall
through Many stock ranches are in the
same condition.